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NCJ Number: 64009 Find in a Library
Title: SHOULD LAY ASSESSORS IN JUVENILE COURTS BE REPLACED BY LAY JUDGES? - REFLECTIONS ON THE REFORM OF SECTION 35 OF THE JUVENILE CODE
Journal: MONATSSCHRIFT FUER KRIMINOLOGIE UND STRAFRECHTSREFORM  Volume:62  Issue:1  Dated:(FEBRUARY 1979)  Pages:26-33
Author(s): W DELITZSCH
Corporate Author: Carl Heymanns Verlag
Germany (Unified)
Date Published: 1979
Page Count: 8
Sponsoring Agency: Carl Heymanns Verlag
5 Cologne 1, Germany United
Format: Article
Language: German
Country: West Germany (Former)
Annotation: REFORM OF THE WEST GERMAN JUVENILE CRIMINAL CODE TO REQUIRE EDUCATIONAL MEASURES AND SPECIAL SOCIAL SCIENCE TRAINING FOR JUVENILE LAY JUDGES WHO ARE TO REPLACE LAY ASSESSORS IS ADVOCATED.
Abstract: REHABILITATION MEASURES FOR DELINQUENT JUVENILES ARE RECOMMENDED BY EXPERTS, BUT UNLESS THE EXPERTS ARE TO REPLACE THE COURT, JUDGES MUST BE CAPABLE OF UNDERSTANDING AND WEIGHING SPECIALIZED OPINIONS ABOUT JUVENILE OFFENDERS' PERSONALITIES. LAY ASSESSORS SHOULD ALSO RECEIVE TRAINING, AS SUCH POSITIONS ARE PRESENTLY POLITICAL APPOINTMENTS REQUIRING NO PARTICULAR EXPERTISE, EXCEPT FOR SOCIAL SERVICES TO WORKERS. ALTHOUGH JUVENILE ASSESSORS WERE NOT SPECIALLY TRAINED IN THE 19TH CENTURY TO ASSURE COURT INDEPENDENCE AND A ROLE FOR THE GENERAL POPULACE, THE IMPORTANCE OF THE SOCIAL SCIENCES IN CRIMINAL DECISIONS HAS ALTERED THE SITUATION SO THAT ASSESSORS SHOULD HAVE PREVIOUS EXPERIENCE IN SOCIAL WORK, ESPECIALLY WITH JUVENILES. SUCH SPECIALLY QUALIFIED INDIVIDUALS WOULD BE CLASSIFIED AS JUVENILE LAY JUDGES, WHO WOULD DEAL WITH QUESTIONS REGARDING OFFENDERS' PERSONALITIES AND CULPABILITY, LEAVING MATTERS RELATING TO THE CRIME ITSELF TO ASSESSORS. UNFORTUNATELY, THE OFFENSE IS LEGALLY CONSIDERED AN INDICATOR OF THE JUVENILE DELINQUENT'S PERSONALITY STRUCTURE AND IS OF CENTRAL IMPORTANCE TO DETERMINATION OF EDUCATIONAL MEASURES, SO THAT SEPARATION OF THE TWO AREAS IS IMPRACTICAL. HOWEVER, LAY ASSESSORS COULD BE ENTIRELY REPLACED WITH LAY JUVENILE JUDGES, ALTHOUGH THE RELATIONSHIP BETWEEN THE LATTER AND LEGALLY TRAINED JUDGES WOULD HAVE TO BE CLEARLY DEFINED. A TERM OF 4 YEARS FOR LAY JUDGES AND APPOINTMENT BY THE SPECIAL STATE PARLIAMENTARY COMMITTEE FROM A LIST OF CANDIDATES ARE RECOMMENDED. PROPOSED CHANGES IN THE APPROPRIATE SECTION OF THE JUVENILE CRIMINAL CODE AND EXTENSIVE NOTES ARE SUPPLIED. --IN GERMAN. (KMD)
Index Term(s): Behavioral and Social Sciences; Court personnel educational programs; Germany; Judges; Juvenile codes; Juvenile court procedures; Juvenile courts; Law reform; Personality assessment; Social workers
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=64009

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